Board Member Threatening to Fine..

Last Thursday, my DH was playing with our dog in the front yard. We have a very large yard that's at least 200 feet from the road.

Anyway, hubby and the dog are playing when my dog notices someone walking towards our property.

Just so you understand, these two roads that lead into the HOA are dead. No one uses them but the residents as there's no outlet- they end in cul-de-sacs. Also, there's only about 35 homes, and only about 15 have full time residents. So if you see one car every hour or so on the road, that's a lot.

So My dog, Mush, decides to run into the road to greet this person.
This "gentleman" stops walking and freezes as my dog approaches, but DH calls calls Mush back, and he stops running towards this man. Everything is under control. Our dog didn't even get close to him. Next thing he says (I was on the front deck watching the entire time and came down when I saw the board member) is- "you dog must be leashed in common areas." As I was walking over I said: "the road isn't a common area." It's owned by the county. He said I was wrong, how he was on the board and knows the rules, and I will be getting a letter with the fining schedule for having my dog off-leash.

I said, the roads here aren't private, and the HOA doesn't maintain them, so I follow the town rules and the town rules say my dog may be off-leash provided he's under voice command. He was walking away as I was saying this, turned around and once again said "I'm on the board, I know the rules."

Well, apparently he doesn't. The rules say "dogs must be kept on-lead in common areas", that's it. Doesn't mention anything about my own property, nor the two public roads that lead into the HOA.

I spoke with another member of the board over the weekend. He was told about the incident and echoed what the first guy said, "dogs must be on-lead." I kept explaining that the road wasn't a common area but this person wasn't getting it either. As far as the board sees is, the roads are part of the common areas.

So what do we do now? I'm not paying any fines because the board doesn't understand the rules. How do I approach this in a reasonable way with them?

This is the same person with whom you've had trouble before (if I remember right)?

Have you actually been called to a hearing?

The CC&R's will tell you if the roads are actually common areas. In such things as parking and the like, it has been established that HOA rules can apply to signatory members of a HOA even on public roads inside a HO parcel. So you may or may not be in the clear here.

I wouldn't do anything at all until you receive some kind of notice. Do you have a copy of a plat for the subdivision? It should show who owns what land, and what areas are common.

In my county you can see a property ownership map online (from the Property Appraiser's office) that would show what areas the HOA owns.

Unfortunately, if the board persists and claims the property as common and does attempt to fine, you might need to lawyer up. A stern letter explaining the reality of the situation might work, otherwise you might have to take it to the courts (sue).

County owned roads are not common areas. Common areas are owned by the Association.
Don't you have to have your dog on a leash when you walk him around the neighborhood?
Check your County or city leash law. If it states your dog must be on a leash when off private property, then you may be fined. I would be proactive on this and write the Board a letter explaining you situation. You might find out they may just waive the fee.

Some areas, but certainly not all, allow associations to enforce such rules as parking upon association members on public roads inside a greater association parcel.

So that's what I suggest you do when your dogs are off leash

Greg

What you say might be true in WA but it is not necessarily that way in NY (where the OP is from). Things vary widely state to state so best you be sure before you say "they are on thin ice".